Bill Text: TX HB1417 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the appraisal for ad valorem tax purposes of property owned by certain telecommunications providers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-20 - Left pending in committee [HB1417 Detail]
Download: Texas-2023-HB1417-Introduced.html
88R2374 RDS-F | ||
By: King of Uvalde | H.B. No. 1417 |
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relating to the appraisal for ad valorem tax purposes of property | ||
owned by certain telecommunications providers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 23, Tax Code, is amended by | ||
adding Section 23.1212 to read as follows: | ||
Sec. 23.1212. PROPERTY OWNED BY SMALL PROVIDER; VALUE. (a) | ||
In this section: | ||
(1) "Incumbent local exchange company," "local | ||
exchange company," and "telecommunications utility" have the | ||
meanings assigned by Section 51.002, Utilities Code. | ||
(2) "Presumptive appraised value" means the value | ||
equal to 20 percent of the net book value of taxable property on | ||
January 1 of a tax year. | ||
(3) "Small provider" means a telecommunications | ||
utility that is: | ||
(A) an incumbent local exchange company or | ||
cooperative that, on September 1, 2013, together with all local | ||
exchange companies affiliated with the company or cooperative on | ||
that date, served 31,000 or fewer access lines in this state; or | ||
(B) a company or cooperative that is a successor | ||
to a company or cooperative described by Paragraph (A). | ||
(b) A small provider that owns taxable real or personal | ||
property in more than one appraisal district may elect to have the | ||
property appraised for a tax year as provided by this section. | ||
(c) To elect appraisal of property for a tax year under this | ||
section, a small provider must submit a written request not later | ||
than March 1 of the tax year to the chief appraiser of each | ||
appraisal district for which the election is made. The request | ||
must: | ||
(1) state the presumptive appraised value on January 1 | ||
of that tax year of the small provider's taxable property in the | ||
appraisal district for which the request is submitted; and | ||
(2) include an accounting report that: | ||
(A) demonstrates the net book value of the small | ||
provider's taxable property in the appraisal district; and | ||
(B) is prepared and certified by a certified or | ||
licensed public accountant who is not an employee of the small | ||
provider. | ||
(d) Except as provided by Subsection (e), a chief appraiser | ||
who receives a request timely submitted under this section must | ||
appraise the property that is the subject of the request at the | ||
property's presumptive appraised value. | ||
(e) A chief appraiser may increase the appraised value of a | ||
small provider's real and personal property to an amount greater | ||
than the presumptive appraised value if the increase is supported | ||
by a preponderance of the evidence. | ||
SECTION 2. This Act applies only to an ad valorem tax year | ||
that begins on or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2023. |